SAM.I. welcomes ECJ decision on volunteer patient transport

In their decision from 11th December 2014, the European Court of Justice has upheld the special role volunteering organisations fulfil in the rescue- and patient transport systems of many European countries.

The case was about an Italian volunteering organisation, a local member of SAM.I. member ANPAS, who received an agreement with their regional authorities about rescue- and patient transport services without a formal procurement procedure having taken place.

While rescue services are exempt from the latest EU procurement directive, patient transport and ambulance services generally still require an official call for tenders to be opened before granting the contract to a service provider. The EU member states can however decide on a set of quality criteria beyond the cheapest offer that are taken into account.

The ECJ has now decided that the special recognition, which volunteer organisations receive in Italian law, does not necessarily violate the EU procurement rules. An agreement with a volunteer organisation on the provision of such services can be legal even without an official call for tenders, if it is for a social purpose and aims to ensure the aims of the good of the community as well as budgetary efficiency.

SAM.I. has long been advocating for the adoption of legislation in the EU member states that ensures the continuation of high-quality services rendered through not-for-profit organisations such as volunteer organisations. The Court’s decision was specifically about an Italian case, and many member states have yet to adopt similar legislation to recognise the special role of volunteering and non-profit organisations in ambulance and patient transport services. Yet, it is an important milestone in making clear that additional national quality rules and their usage to let volunteer organisations continue their work in the interest of their local communities can stand legal scrutiny in the context of European procurement rules.